Environmental and Policy Focus
Allen Matkins - May 27
The U.S. EPA and the U.S. Army Corps of Engineers announced on May 27 that they have jointly approved a new definition of the key term "waters of the United States," a term that defines the limits of federal jurisdiction over surface waters under the Clean Water Act and several other federal laws. The agencies announced the new rule after several years of wrestling with this regulatory definition, which establishes the scope of federal wetlands permitting authority, federal discharge limitations, and other important programs. EPA and the Corps assert that this new definition is narrower than the existing regulatory definition, but a variety of affected parties—landowners, developers, farmers, manufacturers, and others—have argued that the agencies' efforts will lead to a broadening of federal jurisdiction.
Santa Monica Daily Press - May 25
Legislation to ban micro-plastic particle abrasives, commonly referred to as “microbeads,” from being used in personal care products such as facial scrubs, soaps, and toothpaste passed the California State Assembly on May 22 with a 58-11 vote. Because of their size, microbeads are generally not recoverable through ordinary wastewater treatment and are instead discharged into the environment where the particles and any toxins they carry may be ingested by marine life. The legislation, AB 888, authored by Assemblymember Richard Bloom (D-Santa Monica), which now moves to the Senate, would, if approved, set up the strongest restrictions in the country against the use of these particles.
Los Angeles Times - May 26
The Metropolitan Water District of Southern California voted on May 26 to increase funding for its popular turf-removal program by $350 million, as more and more residents and businesses replace water-guzzling lawns with more drought-tolerant landscaping. Past funding for the program, which had received more than $330 million in applications for rebates, was inadequate to meet demand. The additional funds will be available to reimburse residents at a rate of $2 per square foot of lawn removed, with a $6,000 cap. However, commercial rebates, which previously accounted for a majority of the rebates, will be limited to $1 per square foot up to a maximum reimbursement of $25,000.
Sacramento Bee - May 22
In a significant breakthrough in California’s efforts to conserve water, state officials agreed on May 22 to a compromise measure that will reduce water supplies to Delta farmers by 25 percent. The State Water Resources Control Board approved the settlement with scores of Delta farmers following warnings that curtailment orders could soon be issued to the state's most senior water rights holders who, before this year's drought, were thought to be immune from restrictions on water use. The voluntary program seeks to avoid a potentially lengthy legal battle over the state’s ability to halt diversions by these senior rights holders. Participating Delta farmers who hold riparian rights will be able to choose to reduce their water diversions by 25 percent or fallow a quarter of their land, and in exchange will avoid further mandatory cutbacks as the summer unfolds.
Los Angeles Times - May 27
The U.S. EPA and the Coast Guard issued a cleanup order on May 27 to Plains All American Pipeline, the owner and operator of the underground pipeline that spilled thousands of gallons of crude oil into the Pacific Ocean last week. The spill released as much as 101,000 gallons of crude from the pipeline, with an estimated 21,000 gallons of oil flowing downhill from the spill site through a culvert and into the Pacific. The order requires the company to clean up all remaining contamination and contain the oil to ensure that no more crude is released, and establishes timelines and cleanup requirements under the federal Clean Water Act.
U-T San Diego - May 21
On May 21, the California Public Utilities Commission approved the replacement of a 1950s-era Carlsbad power plant and its 400-foot smokestack with a new natural gas facility, over the objections of clean energy advocates who preferred cleaner alternatives. At full output, the new plant will provide enough power for about 520,000 Southern California homes, shoring up electricity supplies lost after the early retirement of the San Onofre nuclear plant in June 2013. The $2.2 billion deal, under which San Diego Gas & Electric will buy power from the proposed plant, was negotiated directly between the utility and NRG Energy with no competing bids, and was approved by the PUC in a 4-1 vote. NRG expects to begin construction of the new plant by early 2016 and begin delivering electricity to the grid in late 2017.
